Page 289 - FIC ANTI MONEY LAUNDERING AND COUNTER-TERRORISM FINANCING LEGISLATION

Chapter 3 I POCDATARA
(c) An order of reimbursement under paragraph (a), shall, for the purposes of enforcement, be treated as a civil judgment.
19. Declarations of forfeiture on conviction
(1) Whenever any person is convicted of an offence under this Act, the court in passing sentence must, in addition to any punishment which that court may impose in respect of the offence, declare any property which is reasonably believed to have been used—
(a) in the commission of the offence; or
(b) for the purpose of or in connection with the commission of the offence, and which was seized under any power exercised under section 22, or is in the possession or custody or under the control of the convicted person, to be forfeited to the State.
(2) The court which makes a declaration of forfeiture of property referred to in subsection (1), must order the registrar of the High Court concerned or clerk of the Magistrate’s Court for the district concerned to forthwith publish such declaration calling upon interested parties through the media and by notice in the Gazette.
(3) Anything forfeited under subsection (1) must, if it was seized under any power exercised under section 22, be kept or, if it is in the possession or custody or under the control of the convicted person, be seized and kept—
(a) for a period of 45 days after the date of the notice published in the Gazette; or
(b) if any person referred to in section 20(1) has, within the period contemplated in paragraph (a), made an application to the court concerned regarding his or her interest in such thing, until a final decision has been rendered in respect of any such application.
20. Interests of third parties
(1) A declaration of forfeiture in terms of section 19(1) does not affect any interest, which any person other than the convicted person may have in the property in question, if the former person proves—
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